BREAKING: Court of Appeal nullifies Federal High Court decision to deregister ADC, Accord, other parties
The Court of Appeal in Abuja has overturned a Federal High Court judgement that ordered the deregistration of five opposition political parties, restoring their legal status ahead of the 2027 general elections and several off-cycle elections scheduled for this year.
The appellate court ruled on Tuesday that the Federal High Court lacked the jurisdiction to entertain the case and declared the deregistration order null and void.
The affected parties are the African Democratic Congress (ADC), Accord Party, Action Alliance (AA), Action Peoples Party (APP), and Zenith Labour Party (ZLP).
Appeal Court faults Federal High Court
A three-member panel of the Court of Appeal, led by Justice Abba Mohammed, delivered a unanimous judgement setting aside the lower court’s decision.
The court held that the Federal High Court acted without the legal authority to hear the suit in the first place.
It also found that the trial court ignored a valid order staying proceedings, yet went ahead to deliver judgement.
According to the appellate court, a stay of proceedings extends to the delivery of judgement, rejecting the trial court’s argument that hearings had already concluded before the stay order reached it.
The justices further ruled that the National Forum of Former Legislators, which instituted the case, lacked the legal standing (locus standi) to file the action.
They held that the Federal High Court ought to have dismissed the suit instead of proceeding with it.
Quoting its findings, the Court of Appeal stated: “The evidence before the court clearly shows compliance with Section 225(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended); that the judgement of the trial judge was perverse.”
Earlier warning ignored
Tuesday’s decision came more than two months after the Court of Appeal granted the affected parties temporary relief by staying the execution of the deregistration order on 16 June.
At the time, the same three-member panel criticised Federal High Court Judge Peter Lifu for continuing with the case despite an existing stay of proceedings issued by the appellate court.
The Court of Appeal described the judge’s conduct as “judicial rascality” and subsequently suspended the enforcement of the deregistration order pending the determination of the appeal.
How the case began
The legal dispute started after the National Forum of Former Legislators filed a suit against the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and the five political parties.
The group asked the court to compel INEC to remove the parties from its register, arguing that they had failed to satisfy the constitutional requirements for continued registration under Section 225(a) of the 1999 Constitution.
According to the plaintiffs, the parties’ performance during the 2023 general election did not meet the constitutional threshold required to retain their registration.
While Attorney-General of the Federation Lateef Fagbemi supported the suit, INEC opposed it.
Despite objections from lawyers representing some of the affected political parties, who informed the court that an appeal was already pending, Justice Lifu proceeded to deliver judgement on 15 June.
He ruled that no valid stay order had been served on the court and concluded that the matter was ripe for judgement before directing INEC to deregister the five parties.
A day later, INEC approached the Court of Appeal, which granted a stay of execution.
In its earlier ruling, the appellate court criticised Justice Lifu for disregarding its supervisory authority.
It recalled that it had expressly ordered a stay of proceedings pending the determination of the appeal but said the lower court nevertheless proceeded to deliver judgement.
The Court of Appeal described the action as a “brazen disregard for judicial authority” and again labelled the judge’s conduct as “judicial rascality.”
Political significance
The judgement is expected to strengthen the political position of the affected parties ahead of key elections.
It provides a significant boost for the African Democratic Congress (ADC), whose presidential candidate is Atiku Abubakar, and for Osun State Governor Ademola Adeleke, who is seeking re-election on the Accord Party platform in the 15 August off-cycle governorship election.
Without the appellate court’s intervention, candidates contesting under the affected parties could have faced legal uncertainty over the validity of their candidacies and any electoral victories.
Lawyers welcome verdict
Reacting after the judgement, Peter Abang, counsel to the Action Peoples Party (APP), described the ruling as a victory for Nigeria’s democracy and judicial system.
“This judgement is a victory for democracy in Nigeria and that in the administration of justice,” he said.
He added that the hierarchy of courts must always be respected, stressing that lower courts have no authority to question or disregard the decisions and orders of superior courts.
